Factories Act 1948 — Set 14

Correct Answer: C. Section 41-D

Section 41-D of the Factories Act, inserted by the 1987 amendment, provides for compulsory medical examination of workers employed in hazardous processes. This includes a pre-employment examination, periodic examinations during employment, and examination at the time of leaving employment. The purpose is to detect health effects of hazardous work early and provide appropriate medical care.

Correct Answer: C. Technical expert or scientist

Under the Factories Act, Inspectors are empowered to take assistance of any person having technical or scientific knowledge to assist them during inspections or investigations. This helps in dealing with complex technical matters related to machinery, hazardous substances, or manufacturing processes. The expert must maintain confidentiality of trade secrets observed during the inspection.

Correct Answer: C. Both Central and State Government depending on the provision

The Factories Act empowers both the Central and State Governments to grant exemptions from various provisions of the Act. The Central Government can grant exemptions for factories in its jurisdiction, while State Governments can do so for factories under their jurisdiction. Exemptions may be granted for reasons of public emergency, technical difficulties, or in the public interest. These are usually time-bound and subject to conditions.

Correct Answer: C. Fine up to Rs. 5,000 or imprisonment or both

The correct answer is Fine up to Rs. 5,000 or imprisonment or both. Section 96 of the Factories Act provides that any person who obstructs an Inspector in the discharge of his duties or fails to produce registers or documents, or conceals or attempts to conceal any workman, shall be punishable with imprisonment for a term up to six months or with fine up to five thousand rupees or with both. This provision ensures that inspections can be conducted effectively. This topic is frequently tested in competitive examinations such as RRB NTPC, SSC, and UPSC.

Correct Answer: A. Section 2(n)

Section 2(n) of the Factories Act defines 'occupier' of a factory as the person who has ultimate control over the affairs of the factory. In case of a company, the occupier means the person named in the register of the company as a director. In case of a firm, one of the partners may be designated as the occupier. The occupier is primarily responsible for compliance with the provisions of the Act.

Correct Answer: A. Site appraisal committees

Section 41-A of the Factories Act, introduced by the 1987 amendment, provides for the constitution of Site Appraisal Committees (SAC) for hazardous processes. These committees help in evaluating applications for permission to use hazardous sites. The committee includes representatives from the State Government, local authority, Central Government, and environmental agencies. This was added after the Bhopal Gas Tragedy.

Correct Answer: C. 500 workers

Under the Factories Act (Section 41-G), a Safety Committee must be constituted in every factory engaged in a hazardous process where 500 or more workers are employed. The Safety Committee is a joint body of employers and workers. Its function is to promote co-operation between workers and management in maintaining safe and healthy working conditions. It also advises on matters related to safety.

Correct Answer: A. Section 87

Section 87 of the Factories Act empowers the State Government to make rules requiring the maintenance of a health register in respect of workers engaged in any specified manufacturing process. The purpose is to maintain records of health conditions of workers exposed to hazardous processes. This helps in tracking occupational diseases and ensuring timely medical intervention.

Correct Answer: B. April 1, 1949

The Factories Act, 1948 was enacted by the Parliament of India and came into force on April 1, 1949. It replaced the earlier Factories Act of 1934. The Act was enacted to consolidate and amend the law regulating labour in factories. It has been amended several times, with major amendments in 1976 and 1987. The 1987 amendment introduced provisions for hazardous processes after the Bhopal gas tragedy.

Correct Answer: B. Section 88

Section 88 of the Factories Act requires that notice of any accident causing death or serious bodily injury shall be sent to the Inspector and to the prescribed authority within the prescribed time. The occupier must also maintain a register of accidents. This provision ensures that accidents are officially recorded and investigated. It helps in identifying workplace hazards and preventing future accidents.